NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
HOUSE BILL 04-1002
BY REPRESENTATIVE(S) Crane, Briggs, Brophy, Cadman, Clapp, Cloer,
Decker, Fairbank, Frangas, Harvey, Hefley, King, Lee, Lundberg, May M.,
McCluskey, Mitchell, Paccione, Rhodes, Rose, Schultheis, Spradley,
Stafford, Stengel, Williams S., and Williams T.;
also SENATOR(S) Lamborn, Andrews, Arnold, Cairns, Chlouber, Dyer,
Hanna, Hillman, Isgar, Johnson S., Jones, Keller, Kester, May R.,
McElhany, Teck, and Windels.
Concerning conforming amendments to the pledge of allegiance
statute to make the statute constitutional as required by
the United States court of appeals for the seventh circuit in
the 1992 decision entitled Sherman versus Community
Consolidated School District 21 of Wheeling Township.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 22-1-106, Colorado Revised Statutes, is amended to
read:
22-1-106. Information as to honor and use of flag. (1) The
commissioner of education shall provide the necessary instruction and
information so that all teachers in the grade and high schools in the state of
Colorado may teach the pupils therein the proper respect of the flag of the
United States, to honor and properly salute the flag when passing in parade,
and to properly use the flag in decorating and displaying.
(2) (a) The teacher and students in each classroom in each public
elementary, middle, and junior high school in the state of Colorado shall
begin each school day by reciting aloud the pledge of allegiance to the flag
of the United States of America. The teacher and students in each
classroom in each public high school in the state of Colorado shall recite
aloud the pledge of allegiance to the flag of the United States of America
when the school conducts its daily announcements. If a public high school
does not conduct daily announcements, then the teacher and students in
each classroom in the public high school shall, on a daily basis, recite aloud
the pledge of allegiance to the flag of the United States of America.
(b) Nothing in this subsection (2) shall be construed to require a
teacher or a student to recite the pledge of allegiance described in paragraph
(a) of this subsection (2) if the teacher or student objects to the recitation
of the pledge on religious grounds. A student shall be exempt from reciting
the pledge of allegiance if a parent or guardian of the student objects in
writing to the recitation of the pledge on any grounds and files the objection
with the principal of the school.
(c) Nothing in this subsection (2) shall be construed to require
students and teachers who are not United States citizens and are attending
or teaching school in the state of Colorado to recite the pledge of allegiance
described in paragraph (a) of this subsection (2).
(3) Each school district shall provide an opportunity each
school day for willing students to recite the pledge of allegiance
in public elementary and secondary educational institutions. Any
person not wishing to participate in the recitation of the pledge of
allegiance shall be exempt from reciting the pledge of allegiance
and need not participate.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
________________________________________________________
Lola Spradley John Andrews
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith Rodrigue Mona Heustis
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Bill Owens
GOVERNOR OF THE STATE OF COLORADO